Final Test! Youth in Court Flashcards
1
Q
Canadian Court System- youth court (lower magistrate court):
A
2
Q
Law and legal guilt
A
Factual guilt vs legal guilt (imp difference; not the same) the threshold is legal guilt. Legal
guilt is the findings by the rule of law
3
Q
Legal Rights- special protections for youth:
A
- Language that is age-appropriate
- Lawyer and presence of lawyer with police questioning (adults do not) for adults, in
Supreme Court said they don’t need it. You can call a lawyer before you get questioned - Have adult (parent/guardian) present when making statements to police
- Right to privacy (media publication bans)
4
Q
Crown responsibilities:
A
- A) Give advice to police (during investigation and other)
o Except in BC where they screen before the police do - B) Screening files & gather information
- C) Knowledge of community programs (EM/ES; organize & supervise; formalize EM/ES)
- D) Negotiate plea resolutions (bargains)
o Bargain to plead guilty for a lesser charge. Also, they use the most amount of
charges to get them to plead guilty. - E) Participate in conferences (pre-trial and sentencing)
- F) Set dates (conferences; court; meetings)
- G) Make court appearance
o If they are being held in detention, the Crown has to put it through trial. Not a lot
of youth and adults go through trial process.
5
Q
Cases in juvenile court:
A
6
Q
Decisions in youth court:
A
7
Q
Rates of convictions
A
8
Q
Remand/pretrial detention:
A
9
Q
Court proceedings:
A
10
Q
Maximum penalties under YCJA:
A
11
Q
Trial with Jury (Youth):
A
12
Q
Factors to be considered in sentencing:
A
13
Q
Sentencing principles:
A
14
Q
Penal philosophies:
A
15
Q
Youth sentences- non custodial sanctions:
A